26 Cited authorities

Chambers v. Nasco, Inc.
501 U.S. 32 (1991) Cited 9,210 times 14 Legal Analyses
Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"
Roadway Express, Inc. v. Piper
447 U.S. 752 (1980) Cited 2,846 times 3 Legal Analyses
Holding that a court may impose attorney's fee sanction against opposing counsel for “abusive litigation practices” only in “narrowly defined circumstances,” including where the court makes a finding that “counsel's conduct ... constituted or was tantamount to bad faith”
U.S. Bancorp Mortg. Co. v. Bonner Mall
513 U.S. 18 (1994) Cited 982 times 13 Legal Analyses
Holding that the appealing party had "surrender[ed] his claim to the equitable remedy of vacatur" by settling the case and thus "voluntarily forfeit[ing] his legal remedy by the ordinary processes of appeal"
B.K.B. v. Maui Police Dept
276 F.3d 1091 (9th Cir. 2002) Cited 962 times
Holding that misconduct committed "in an unreasonable and vexatious manner" that "multiplies the proceedings" violates § 1927
Fink v. Gomez
239 F.3d 989 (9th Cir. 2001) Cited 898 times
Holding sanctions can be imposed for recklessness "coupled with an improper purpose"
Commercial Space Management Co. v. Boeing Co.
193 F.3d 1074 (9th Cir. 1999) Cited 714 times
Finding that it is "beyond debate that a dismissal under Rule 41 is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can't complain, and the district court lacks jurisdiction to do anything about it"
Aoude v. Mobil Oil Corp.
892 F.2d 1115 (1st Cir. 1989) Cited 371 times
Holding that fraud on the court must be demonstrated "clearly and convincingly"
Apple, Inc. v. Samsung Electronics Co., Ltd.
888 F. Supp. 2d 976 (N.D. Cal. 2012) Cited 180 times 4 Legal Analyses
Holding that adverse inference instruction sanction does not "'have an effect similar to those motions considered dispositive'" (quoting Maisonville v. F2 Am., Inc., 902 F.2d 746, 748 (9th Cir. 1990))
Red Carpet Studios Div., Source Adv. v. Sater
465 F.3d 642 (6th Cir. 2006) Cited 205 times
Holding that § 1927 sanctions require "something more than negligence or incompetence"
American Games, Inc. v. Trade Products, Inc.
142 F.3d 1164 (9th Cir. 1998) Cited 94 times 2 Legal Analyses
Holding that when settlement moots a case, the district court may apply an equitable balancing test in considering vacatur
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,038 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 3,946 times 6 Legal Analyses
Adopting state law for procedures to execute judgments and obtain relevant discovery

NML Capital, Ltd. v. Republic of Argentina

26 Cited authorities

Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

Holding that a court may impose attorney's fee sanction against opposing counsel for “abusive litigation practices” only in “narrowly defined circumstances,” including where the court makes a finding that “counsel's conduct ... constituted or was tantamount to bad faith”

Holding that the appealing party had "surrender[ed] his claim to the equitable remedy of vacatur" by settling the case and thus "voluntarily forfeit[ing] his legal remedy by the ordinary processes of appeal"

Holding that misconduct committed "in an unreasonable and vexatious manner" that "multiplies the proceedings" violates § 1927

Holding sanctions can be imposed for recklessness "coupled with an improper purpose"

Finding that it is "beyond debate that a dismissal under Rule 41 is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can't complain, and the district court lacks jurisdiction to do anything about it"

Holding that fraud on the court must be demonstrated "clearly and convincingly"

Holding that adverse inference instruction sanction does not "'have an effect similar to those motions considered dispositive'" (quoting Maisonville v. F2 Am., Inc., 902 F.2d 746, 748 (9th Cir. 1990))

Holding that § 1927 sanctions require "something more than negligence or incompetence"

Holding that when settlement moots a case, the district court may apply an equitable balancing test in considering vacatur

Allowing service by filing papers with the court's electronic-filing system

Adopting state law for procedures to execute judgments and obtain relevant discovery